SAMPLE REVOCABLE TRUST

DECLARATION OF TRUST

DECLARATION OF TRUST, made as of this _____ day of _______________, 20__, between _________________________, having an address at ___________________________________, as grantor (hereinafter referred to as the "Grantor"), and _________________________, having an address at ___________________________________, as trustee (hereinafter referred to as the "Trustee").

W I T N E S S E T H:

WHEREAS, the Grantor is the owner of the property more particularly described in Schedule A attached hereto and made a part hereof; and

WHEREAS, the Grantor's [husband/wife] has predeceased the Grantor, and the Grantor has two children, _________________________ and _________________________; and

WHEREAS, the Grantor desires to create a revocable trust of the property described in Schedule A hereto, together with such monies, securities and other assets as the Trustee hereafter may hold or acquire hereunder (said property, monies, securities and other assets, together with any additions thereto received pursuant to the Grantor's last will and testament or otherwise, being hereinafter referred to as the "trust estate"), for the purposes and upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the covenants herein contained and other valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Grantor hereby transfers, assigns and delivers to the Trustee as and for the trust estate the property more particularly described in Schedule A hereto, to hold the same, and any other property which the Trustee hereafter may acquire, IN TRUST, for the purposes and upon the terms and conditions hereinafter set forth:

FIRST: The Trustee shall hold, manage, invest and reinvest the trust estate, shall collect the income therefrom, and shall pay any part or all of the income and principal to whomever the Grantor from time to time may direct in writing.

Until the Grantor hereafter may direct to the contrary, the net income shall be paid to the Grantor quarter-annually.

Any income not so paid or applied shall be accumulated and added to the principal of this trust at least quarter-annually.

SECOND: If at any time the Grantor, in the judgment of the successor Trustee, shall be under any legal disability or shall be unable to manage properly [his/her] affairs by reason of illness or mental or physical disability (whether or not a court of competent jurisdiction has declared the Grantor incompetent or mentally ill or has appointed a legal representative for the Grantor), the successor Trustee may pay or apply so much or all of the net income and the

Sample

ore particularlycularly

deceased the Grantor, and the Grathe Grantor, and the G________________________; and ____________; and

reate a revocable trust of the property desevocable trust of the pmonies, securities and other assets ties and other assets as the Truas

d property, moniy, monies, securities and other assees, securities andpursuant to the Grto the Grantor's last will and tesantor's last will

o as the "trust estrust estate"), for the purposestate"), for the purp

Sat forth.

EREFORERE, in consideration of the cov, in consideration of nsideration, the receipt and sunsideration, the receipt and sufficiency offf

hereby transfers, assigns and delivers tohereby transfers, assigns and delity more particularly descrmore particularly descrSaibed in Scheduibed iny which the Trustee hereafter may awhich the Trustee hereafte

conditions hereinafter set forthconditions herein

The Trustee shall hThe TrusteeSom, and shalle to tim

principal of the trust estate as the successor Trustee deems necessary or advisable for the health, education, maintenance or support of the Grantor. Any income not so paid or applied shall be accumulated and added to the principal of this trust at least quarter-annually.

In making any payment hereunder, the successor Trustee may consider, but shall not be required to consider, the income and other resources of the Grantor. No such payment shall be charged upon a subsequent division of the trust estate against the principal of any share which may be set apart for any beneficiary hereunder.

THIRD: Upon the death of the Grantor, the Trustee shall pay and distribute the trust estate at that time remaining to the Grantor's then living issue, in equal shares, per stirpes, discharged of trust. If there are no issue of the Grantor then living, the trust estate shall be paid and distributed to such persons and in such proportions as the same would be distributed under the laws of the State of New York then in force had the Grantor then died intestate, a resident of New York and the owner of said property.

FOURTH: In any case in which the Trustee is authorized or directed by any provision of this Agreement to pay or distribute income or principal to any person who shall be a minor or incompetent, the Trustee, in the absolute discretion of the Trustee and without authorization of any court, may pay or distribute the whole or any part of such income or principal to such minor or incompetent personally, or may apply the whole or any part thereof directly to the health, education, maintenance or support of such minor or incompetent, or may pay or distribute the whole or any part thereof to the guardian, committee, conservator or other legal representative, wherever appointed, of such minor or incompetent or to the person with whom such minor or incompetent may from time to time reside, or in the case of a minor, may pay or distribute the whole or any part thereof to a custodian for such minor under any gifts to minors or transfers to minors act. Evidence of such payment or distribution or the receipt therefor by the person to whom any such payment or distribution is made shall be a full discharge of the Trustee from all liability with respect thereto, even though the Trustee may be such person.

The Trustee, in the absolute discretion of the Trustee, may defer payment or distribution of any or all income or principal to which a minor may be entitled until such minor shall attain the age of twenty-one (21) years, or to make such payment or distribution at any time and from time to time, during the minority of such minor, holding the whole or the undistributed portion thereof as a separate fund vested in such minor but subject to the power in trust hereby given to the Trustee to administer and invest such fund and to use the income or principal thereof for the benefit of such minor as if such fund were held in trust hereunder. No bond or other security and no periodic accounts shall be required with respect to such fund, and the same shall be subject to commission as if it were a separate trust fund. The Trustee shall pay and distribute any balance of such fund to such minor when such minor shall attain the age of twenty-one (21) years. Except as is herein above provided, if such minor shall die before attaining the age of twenty-one (21) years, the Trustee shall pay and distribute such balance to the executors, administrators or legal representatives of the estate of such minor.

The word "minor", wherever used in this Article FOURTH, shall mean any person who has not attained the age of twenty-one (21) years.

Sample

disied intestat

orized or directed by any prd or directed by any pral to any person wperson who shall be a mho shall be

n of the Trustee and wTrustee and without authorizatithout authoany part of such income or principal to such such income or principal

the whole or any part thereof directly to tor any part thereof disuch minor or incompetent, or may pay oror incompetent, or ma

uardian, commitommittee, conservator or other letee, conservator ominor or incompetenincompetent or to the person witht or to the pers

e to time reside, or inreside, or in the case of a minor, he case of a mieof to a custodian for such minor under anyodian for such minor under any

nce of such paymch pay ent or distribution or the ent or distributh payment or distribution is made or distribution is made shall be a

th respect thereto, even th respect thereto, even though the Trustee mthough the

he Trustee, in the absolute discretion of tTrustee, in the absolute discrell income or principal to which a ml income or principal to wenty-one (21) years, or to makty-one (21) yea

ng the minority of g the minorit suchfund vested in sufund vest

nister and inor as

FIFTH: Upon the death of the Grantor, the Trustee may pay from the principal of the trust estate the amount of any estate or death taxes, by whatever name called, imposed under the laws of any jurisdiction by reason of the Grantor's death, whether in respect of property passing under this Agreement or the Grantor's last will and testament or otherwise.

SIXTH: The Grantor reserves the right, at any time during the life of the Grantor and without the consent of any person or notice to any person, to amend or revoke in whole or in part this Agreement or any trust created hereunder, including the right to change the terms or beneficiaries thereof, by delivering to the Trustee written notice of such amendment or revocation signed by the Grantor. This Agreement shall become irrevocable upon the death of the Grantor. No amendment of this Agreement, however, shall increase the obligations or reduce the commissions of the Trustee without the consent of the Trustee. Upon any such revocation, the Trustee shall deliver to the Grantor all property in the possession or control of the Trustee with respect to any trust which has been revoked and shall execute and deliver any instruments necessary to release any interest of the Trustee in such property. The sale or other disposition by the Grantor of the whole or any part of the trust estate held hereunder shall constitute as to such whole or part a revocation of this Agreement and the trust or trusts affected thereby.

The Grantor reserves the power and right during the life of the Grantor to collect any interest or other income which may accrue from the trust estate and, in her sole discretion, to accumulate such income as a trust asset or to pay such income to the Grantor individually and not in any fiduciary capacity. The Grantor further reserves the power and right during life of the Grantor to pledge all or any part of the trust estate as collateral for any loan.

SEVENTH: In the administration of any property at any time forming a part of the trust estate, including accumulated income, and in the administration of any trust created hereunder, the Trustee, in addition to and without limitation of the powers conferred on trustees under the New York Estates, Powers and Trusts Law, as amended or any successor thereto, or otherwise provided by law, shall have the following powers to be exercised in the absolute discretion of the Trustee, except as otherwise expressly provided in this Agreement:

(a) To retain such property for any period, whether or not the same is of the character permissible for investments by fiduciaries under any applicable law, and without regard to the effect any such retention may have upon the diversity of investments;

(b) To sell, transfer, exchange, convert or otherwise dispose of, or grant options with respect to, such property, at public or private sale, with or without security, in such manner, at such times, for such prices, and upon such terms and conditions as the Trustee may deem advisable;

(c) To invest and reinvest in common or preferred stocks, securities, limited liability companies, investment trusts, mutual funds, regulated investment companies, bonds and other property, real or personal, foreign or domestic, including any undivided interest in any one or more common trust funds, whether or not such investments be of the character permissible for investments by fiduciaries under any applicable law, and without regard to the effect any such investment may have upon the diversity of investments;

mple

contrand deliver a

The sale or other dor other dreunder shall coreunder shall constitutnstitut

or trusts affected thereby. sts affected thereby.

ng the life of the Grantor to collect any infe of the Grantor to collect ust estate and, in heand, in her sole discretion, to accur sole discretion

ch income to the Grantor individually and to the Grantor individr reserves ths the power and right during life ofe power and right durin

state as collateral for any loan. lateral for any loan.

dministration of any property at any time fion of any property at any tim

Sammulated income, and in the administration ome, and in the administration o

ition to and without limitaand without lim tion of the powetion oates, Powers and Trusts Law, as rs and Trusts Law, amended oam

y law, shall have the foy law, shall have the following powers to bellowing powe, except as otherwise exprexcept as otherwise expSaessly provided in ssly pr

a) To retain such property for an) To retain such propertyaracter permissible for investmacter permissibl

out regard to the effeut regard to cments;ments;

l, tran

(d) To render liquid the trust estate or any trust created hereunder in whole or in part, at any time and from time to time, and to hold unproductive property, cash or readily marketable securities of little or no yield for such period as the Trustee may deem advisable;

(e) To lease any such property beyond the period fixed by statute for leases made by fiduciaries and beyond the duration of any trust created hereunder;

(f) To join or become a party to, or to oppose, any reorganization, readjustment, recapitalization, foreclosure, merger, voting trust, dissolution, consolidation or exchange, and to deposit any securities with any committee, depository or trustee, and to pay any fees, expenses and assessments incurred in connection therewith, and to charge the same to principal, and to exercise conversion, subscription or other rights, and to make any necessary payments in connection therewith, or to sell any such privileges;

(g) To form one or more corporations or limited liability companies, alone or with any person, in any jurisdiction, and to transfer assets to any new or existing corporation or limited liability company in exchange for stock or membership interests; to form one or more partnerships with any person in any jurisdiction, to have any trust or a nominee be a general or limited partner, and to transfer assets to any new or existing partnership as a capital contribution; to enter into one or more joint ventures or associations with any person in any jurisdiction, and to commit assets to the purposes of those ventures or associations; and to retain as an investment for any period any securities, partnership interests or other assets resulting from any such actions;

(h) To vote in person at meetings of stock or security holders and adjournments thereof, and to vote by general or limited proxy with respect to any stock or securities;

(i) To hold stock and securities in the name of a nominee without indicating the trust character of such holding, or unregistered or in such form as will pass by delivery, or to use a central depository and to permit registration in the name of a nominee;

(j) To initiate or defend, at the expense of the trust estate, any litigation relating to this Agreement or any property of the trust estate which the Trustee considers advisable, and to pay, compromise, compound, adjust, submit to arbitration, sell or release any claims or demands of the trust estate or any trust created hereunder against others or of others against the same as the Trustee may deem advisable, and to make any payments in connection therewith which the Trustee may deem advisable;

(k) To borrow money for any purpose from any source, including any trustee at any time acting hereunder, and to secure the repayment of any and all amounts so borrowed by mortgage or pledge of any property;

Sample

subscon therewi

bility company comp ies, alone or wes, alone or wfer assets to any new or existingto any new or exist

n exchange for stock or membership nge for stock or memberships with any persany person in any jurisdiction, to on in any jurisdict

eneral or limited partner, and imited partner, and r to transfer assto trhip as a cappital contribution; to enter into al contribution; to en

ociations with any person in any jurisdictiwith any person in anyrposes of those venturthose ventures or associations; andes or associatio

period any securities,any securiti partnership interespartnership inny such actions; ions;

vote in person at meetings of stock or securrson at meetings of stockeof, and to vote by general or limiteeof, and to vote by general or li d pro

ecurities;curities;

(i) To hold stock and securities in th) To hold stock and securiust character of such holding, t character of su

very, or to use a central dry, or to use ee; ee;

iate or d

(l) To purchase from the legal representatives of the estate of the Grantor or from the trustees of any trust established by the Grantor any property constituting a part of such estate or trust at its fair market value and to make loans for adequate consideration to such legal representatives or trustees, upon such terms and conditions as the Trustee may determine in the absolute discretion of the Trustee;

(m) To carry insurance of the kinds and in the amounts which the Trustee considers advisable, at the expense of the trust estate, to protect the trust estate and the Trustee personally against any hazard;

(n) To make distribution of the trust estate or of the principal of any trust created hereunder in cash or in kind, or partly in kind, and to cause any distribution to be composed of cash, property or undivided fractional shares in property different in kind from any other distribution, and to determine the fair valuation of the property so allocated, with or without regard to the tax basis; to hold the principal of separate trusts in a consolidated fund and to invest the same as a single fund; and to merge any trusts which have substantially identical terms and beneficiaries, and to hold them as a single trust;

(o) To employ and pay the compensation of accountants, attorneys, experts, investment counselors, custodians, agents and other persons or firms providing services or advice, irrespective of whether the Trustee may be associated therewith; to delegate discretionary powers to such persons or firms; and to rely upon information or advice furnished thereby or to ignore the same, as the Trustee in its discretion may determine;

(p) To change the situs and/or governing law of any trust hereunder to any State the Trustee from time to time may deem desirable, and to take such further actions, including without limitation the amendment to the terms of the trust, as may be necessary or advisable to effectuate such change;

(q) To execute and deliver any and all instruments or writings which it may deem advisable to carry out any of the foregoing powers; and

(r) To exercise all such rights and powers and to do all such acts and enter into all such agreements as persons owning similar property in their own right might lawfully exercise, do or enter into.

No person who deals with any Trustee hereunder shall be bound to see to the application of any asset delivered to such Trustee or to inquire into the authority for, or propriety of, any action taken or not taken by such Trustee.

Notwithstanding anything to the contrary contained herein, during such time as any current or possible future beneficiary of any trust created hereunder (other than the Grantor) may be acting as a Trustee hereunder, such person shall be disqualified from exercising any power to make any discretionary distributions of income or principal to himself or herself (unless the discretion to make such distributions is limited by an ascertainable standard within the meaning of Section 2041(b)(1)(A) of the Internal Revenue Code), or to satisfy any of his or her legal obligations, or to make discretionary allocations of receipts or disbursements as between income

ample

erty dr valuation

is; to hold the prid the prthe same as a single fthe same as a single f

entical terms and beneficiarial terms and beneficiar

sation of accountants, attorneys, experts, accountants, attorneys, eagents and other persons nd other persons or firms providior firm

ve of whether the Trustee may be assohether the Trustee may etionary powers to such persowers to such persons or firms; aons

vice furnished thereby shed thereby or to ignore the same,or to ignore th

Samy determine; ne;

ge the situs and/or governing tus and/or governing law of any trulawstee from time to time may deem desirabtime to time may deem

ons, including without limitation the amons, including without limitation t endmay be necessary or advisable ay be necessary or advisable to effectuate to effSa(q) To execute and deliver any and aq) To execute and deliver a

visable to carry out any isable to carry o of the

exercise all such riexercise alSreements as xercise

and principal. No Trustee who is a current or possible future beneficiary of any trust hereunder (other than the Grantor) shall participate in the exercise of any powers of the Trustee which would cause such beneficiary to be treated as the owner of trust assets for tax purposes.

No Trustee shall be liable for acts or omissions in administering the trust estate or any trust created by this Agreement, except for that Trustee's own actual fraud, gross negligence or willful misconduct. If any Trustee becomes liable as Trustee to any other person who is not a beneficiary in connection with any matter not within the Trustee's control and not due to the Trustee's actual fraud, gross negligence or willful misconduct, such Trustee shall be fully indemnified and held harmless by the trust estate and any trust created hereunder giving rise to such liability, as the case may be, against and in respect of any damages that such Trustee may sustain, including without limitation attorneys' fees. No successor Trustee shall incur any liability, by reason of qualifying as a Trustee hereunder, for the acts or omissions of any predecessor Trustee.

The Trustee is authorized, but not required, to accept any property transferred to the Trustee by any person during such person's lifetime or by such person's last will and testament. Any property so transferred to, and accepted by, the Trustee shall become a part of such trust or trusts created by this Agreement as such person shall direct and may be commingled with the other property in the trust or trusts to which such property has been added and shall be held, administered and disposed of as a part of such trust or trusts.

EIGHTH: The Grantor appoints [himself/herself] as Trustee hereunder. The Grantor hereby appoints _________________________, having an address at ___________________________________, and _________________________, having an address at ___________________________________, to act jointly as successor Trustees hereunder in the event of the death of the Grantor, or [his/her] physical or mental incapacity. If either _________________________ or ________________________ for any reason shall fail or cease to act as Trustee, the remaining successor Trustee may act alone as successor Trustee.

The term "Trustee" wherever used herein shall mean the trustee in office from time to time. Any such trustee shall have the same rights, powers, duties, authority and privileges, whether or not discretionary, as if originally appointed hereunder.

No bond, surety or other security shall be required of any Trustee acting hereunder for the faithful performance of the duties of Trustee, notwithstanding any law of any State or other jurisdiction to the contrary.

NINTH: The Trustee, at any time and from time to time, may render to the Grantor an account of the acts and transactions of the Trustee with respect to the income and principal of any trust created hereunder, from the date of the creation of such trust or from the date of the last previous account of the Trustee. After the death of the Grantor, the Trustee, at any time and from time to time, may render an account to the living person or persons who are entitled, at the time of such account, to receive all or a portion of the income of the trusts herein created. The approval of any person of full age, or a guardian or parent of a minor or incompetent person, to whom an account is rendered shall, as to all matters stated therein, be final and binding upon him or such minor or incompetent person, or any persons claiming through him or such minor or incompetent person, as the case may be.

ample

or o

property transferred toproperty transferred toperson's last will and testamon's last will and testa

e shall become a part of ome a part of such trust such trudirect and may be commingled with thed may be commingled wit

ch property has been adderty has been added and shall beduch trust or trusts. r trusts

nts [himself/herself] asf/herself] as Trustee hereunder. T Trustee her_____________, having an ______, having

______________, and ______________________, and _______________________________________, to act jo_________________, to act j

Sament of the death of the Grantoe death of the Grantor, or [his/her]r,

__________________ or ________________________ or ________act as Trustee, the remaining successoact as Trustee, the remaining succe r Trus

he term "Trustee" wherever used herein sterm "Trustee" wherever usedh trustee shall have the same rightsh trustee shall have the sam

tionary, as if originally appoinonary, as if origiSsurety or other sesurety or mance of the

contra

The Trustee shall not be required at any time to file any account in any court, nor shall the Trustee be required to have any account judicially settled. Nothing herein, however, shall be construed as limiting the right of the Trustee to seek a judicial settlement of any account.

TENTH: The determination of the Trustee in respect of the amount of any discretionary payment of income or principal from any trust established hereunder, and of the advisability thereof, shall be final and conclusive on all persons, whether or not then in being, having or claiming any interest in such trust, and upon making any such payment, the Trustee shall be released fully from all further liability or accountability therefor.

The right of any beneficiary to any payment of income or principal shall in every case be subject to any charge or deduction which the Trustee may make against the same under the authority granted to the Trustee by any law or by this Agreement.

ELEVENTH: For purposes of this Agreement, any beneficiary hereunder shall be deemed to have predeceased the Grantor or any other person upon whose death such beneficiary shall become entitled to receive income or principal unless such beneficiary shall survive the Grantor or such other person by more than thirty days. The provisions of this Agreement shall be construed as aforesaid, notwithstanding the provisions of any applicable law establishing a different presumption of order of death or providing for survivorship for a fixed period as a condition of inheritance of property.

TWELFTH: No disposition, charge or encumbrance on the income or principal of any trust established hereunder shall be valid or binding upon the Trustee. No beneficiary shall have any right, power or authority to assign, transfer, encumber or otherwise dispose of such income or principal or any part thereof until the same shall be paid to such beneficiary by the Trustee. No income or principal shall be subject in any manner to any claim of any creditor of any beneficiary or liable to attachment, execution or other process of law prior to its actual receipt by the beneficiary.

THIRTEENTH: The validity and construction of this Agreement and the trusts created hereunder shall be governed by the laws of the State of New York.

The words "child" and "children", wherever used in this Agreement, shall include not only the child and children of the person or persons designated, but also the legally adopted child and children of such person or persons, at the time in question. The word "issue", wherever used in this Agreement, shall include not only the child, children and issue of the person or persons designated, but also the legally adopted child and children of such person or persons and the child, children or issue thereof, at the time in question.

Any provision herein which refers to a statute, rule, regulation or other specific legal reference which is no longer in effect at the time said provision is to be applied shall be deemed to refer to the successor, replacement or amendment to such statute, rule, regulation or other reference, if any, and shall be interpreted in such a manner so as to carry out the original intent of said provision.

For purposes of this Agreement, the disability or incapacity of an individual (including the Grantor or any Trustee) shall be conclusively established by a written statement signed by such individual's then attending physician and filed with the records of any trust established hereunder

Sample

ary hereunder shander shhose death such benehose death such bene

h beneficiary shall survive thneficiary shall survive te provisions of this Agreement ns of this Agreemen

visions of any f any applicable law establishapplicable law estroviding for survivorship for a fixed perioor survivorship for a fixe

harge or encumbrance on the income ncumbrance on the incor or privalid or binding upon the Trustee. No benebinding upon the Trustee. N

o assign, transfer, encumber or otherwise dtransfer, encumber or otherwereof until the same shall be paid to such bthe same shall be paid to such b

al shall be subject in abe subject in ny manner to any maniable to attachment, execution or other procetachment, execution or ot

ary. ary.

HIRTEENTHRTEENTH: The validity and constru: The validity aner shall be governed by the lar shall be governed by the ws of

ords "child" and "childreds "child" andchildren of the perchildren of

h person or pshall in

attesting that, in such physician's opinion, such individual is unable to manage his or her affairs. Such written statement shall be conclusive evidence of such fact, and any third party may rely on the same in dealing with any trust established hereunder and shall not be obliged to inquire whether such individual is no longer under such disability or incapacity at the time of such dealings.

Wherever used in this Agreement and the context so requires, the masculine shall include the feminine and the singular shall include the plural, and vice versa.

If under any of the provisions of this Agreement any portion of the trust estate would be held in trust beyond a date twenty-one years after the death of the last survivor of the Grantor and the issue of the Grantor and other beneficiaries hereunder in being when this Agreement becomes irrevocable, or such later date permitted by the rule against perpetuities applicable in the State of New York; then, upon such date, the trust or such portion shall terminate and the principal, and any unpaid income thereof, shall be paid and distributed to the person or persons then living who would have been entitled to receive the income therefrom had the trust continued, in the proportions to which they would have been so entitled.

FOURTEENTH: This Agreement shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the undersigned Grantor and upon the Trustee acting hereunder.

FIFTEENTH: This Agreement and the trusts created hereunder may be referred to, in any other instrument, by the name: "____________________________ Living Trust dated ________________, 20__". Any transfers to this Agreement or any trust hereunder may refer to the aforesaid name or to "___________________________ as Trustee under _________________________ Living Trust dated _______________, 20__", with or without specifying any change in Trustee or any amendment to this Agreement.

IN WITNESS WHEREOF, this Agreement has been duly executed as of the date first above written.

______________________________ [Name of Grantor] Grantor

______________________________ [Name of Trustee] Trustee

STATE OF NEW YORK ) ) ss.: COUNTY OF __________ )

On the _____ day of _________________, 20__, before me, the undersigned, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that [he/she] executed the same in [his/her] capacity, and that by

Sample

plicanate and th

son or persons thrsons thhad the trust continhad the trust contin

d to and be binding upon the heirs, execbe binding upon the heirsundersigned Grantor and upon the Trustee ed Grantor and upon the

nt and the trusts created hereunder may be rtrusts created hereundeme: "____________________________ ______________________

. Any transfers to this Agreemennsfers to this Agreement or any trut or anor to "_______________________"_______________________

__________ Living Trust dated ____________ Living Trust dated change in Trustee orTrustee or any amendment to this any amendmen

WITNESS WHEREOFWITNESS WHEREOF, this Agreement this AgSwritten. itten

[his/her] signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________________ Notary Public

STATE OF NEW YORK ) ) ss.: COUNTY OF __________ )

On the _____ day of _______________, 20__, before me, the undersigned, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that [he/she] executed the same in [his/her] capacity, and that by [his/her] signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________________ Notary Publicle

the er] capaci

on upon behalf behalf

Sample________________________________________

Notary PublicPubli

SCHEDULE A

TRUST ESTATE PROPERTY

Sample

MEMORANDUM OF TRUST

KNOW THAT, _________________________, having an address at ____________________________________, as Grantor, created a revocable trust, known as the ___________________________ Living Trust dated _______________, 20__, by executing a Declaration of Trust, dated _______________, 20__, naming _________________________, having an address at ____________________________________, as trustee (referred to as the "Trustee"), and _________________________, having an address at ____________________________________, and _________________________, having an address at ___________________________________, as successor trustees (collectively referred to as a "successor Trustee").

This Memorandum of Trust is executed as evidence of the existence of the foregoing Declaration of Trust. Any person may rely upon this Memorandum of Trust as evidence of the existence of said Declaration of Trust, and is relieved of any obligation to verify that any transaction entered into by a Trustee or successor Trustee thereunder is consistent with the terms and conditions of said Declaration of Trust.

The Declaration of Trust and the trusts created thereunder may be referred to by the name: "_________________________ Living Trust dated _______________, 20__." Any transfers to the Declaration of Trust or any trust thereunder may refer to the aforesaid name or to "_________________________ as Trustee under _________________________ Living Trust dated _______________, 20__," with or without specifying any change in Trustee or any amendment to the Declaration of Trust.

IN WITNESS WHEREOF, the Grantor has executed this Memorandum of Trust as of this _____ day of _______________, 20__.

______________________________ [Name of Grantor]

Grantor Sampleistence o

m of Trust as eny obligation to very obligation to ver

ereunder is conseunder is consistent withent wi

ted thereunder may be refeunder may be referred to by the rred to bst dated _______________, 20__." Any tra_______________, 20_

t thereunder may refer to the aforesaid may refer to the afTrustee under _______________________under ______________

," with or without specifyor without specifying any changeing anyn of Trust.

SaWHEREOF, the Grantor has executed this Mhe Grantor has executed this M

_____________, 20__._____, 20__.

Sa

STATE OF NEW YORK ) ) ss.: COUNTY OF __________ )

On the _____ day of _______________, 20__, before me, the undersigned, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that [he/she] executed the same in [his/her] capacity, and that by [his/her] signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________________ Notary Public